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october 2010

Supreme Court of India · 2010-10-18

SANT LAL GUPTA vs MODERN COOP. G.H. SOCIETY LTD. .

Citation / case number
SC 2002/23493
Court
Supreme Court of India
Petitioner
SANT LAL GUPTA
Respondent
MODERN COOP. G.H. SOCIETY LTD. .
Author
B.S. CHAUHAN
Bench
P. SATHASIVAM,B.S. CHAUHAN, , ,

Judgment text excerpt

The Supreme Court held that the Delhi High Court erred in interpreting Rule 36(3) of the Delhi Co-operative Societies Rules, 1973, by deeming the Society's resolution for expulsion approved after six months, despite no such provision in the Delhi Co-operative Societies Act, 1972. The Court emphasized that the Registrar's decision must be based on the statutory framework, and the High Court's extension of the approval period was a misinterpretation of the law. Consequently, the Supreme Court allowed the appeal, reinstating the orders of the Financial Commissioner and the Registrar, thereby upholding the expulsion of the appellants.

SANT LAL GUPTA vs MODERN COOP. G.H. SOCIETY LTD. . · Niyam